Copyright And Trademark Infringement Notification

Climateware respects the rights of copyright and trademark owners as outlined in this policy. This policy is incorporated by reference into the Climateware User Agreement ("Agreement"). The terms used in this policy have the same meaning as those in our other agreements or definitions provided in the Agreement, unless otherwise specified.

For Copyright matters, actions regarding users' content and accounts will be taken in accordance with the Law on Intellectual and Artistic Works No. 5846.

For Trademark matters, actions regarding users' content and accounts will be taken in accordance with the Industrial Property Law No. 6769.

Copyright and Rights Holder Notification

Climateware does not permit copyright infringement activities on its Cloud Products or websites ("Our Services"). When we are accurately informed that a third party's data or content infringes someone else's copyright, we will remove such data or content from Our Services.

Climateware has a policy of terminating/suspending the accounts of repeat infringers in appropriate circumstances. By accepting this, the user agrees to act in accordance with the copyright policy. Climateware also reserves the right to unilaterally close users’ accounts without prior notice in the event of a first infringement.

If you believe that any content in Our Services infringes your copyright, you must notify Climateware's copyright representative in writing in accordance with the Law on Intellectual and Artistic Works No. 5846. If you believe your copyright has been infringed, you may submit your complaint using the online form available at the following link.

If the notification complies with the requirements of the Law on Intellectual and Artistic Works No. 5846, we will inform the alleged infringer that you claim ownership of the rights to the content and that we have complied with the removal request. The alleged infringer will be notified of your infringement claim, including who made the claim and why; therefore you must consent to the sharing of your Personal Data. (To access detailed information and to review our Personal Data Protection Policy, please click here.) If you do not consent to us notifying the alleged infringer of the infringement, we will not be able to evaluate your notification.

Counter-Notification Requirements

If your content has been removed due to a copyright notification, you may submit a counter-notification. Climateware will wait for 15 days, and if the copyright owner does not initiate legal action against you within this period, your content will be reinstated. You can submit your counter-notifications via email to legal@climateware.com. A counter-notification must include the following information:

• Your signature, which you can provide electronically by typing your name.,
• A clear and complete description of the content you are trying to protect under copyright. You may also include the URLs you wish to dispute.
• Your name, postal address, phone number, and email address.

Please note that Climateware reserves the right to reclaim usernames on behalf of businesses or individuals who make legal claims. Accounts that use business names or logos to mislead others may be permanently suspended.

To proceed with your trademark infringement notification, please click here.

Trademark and Rights Holder Notification

If you believe your trademark rights have been infringed, you may submit a trademark infringement notification to Climateware. Trademark owners are advised to attempt direct communication with the alleged infringing third party before submitting a notification.

Climateware is not in a position to resolve complex trademark disputes between third parties. Therefore, we may be unable to process reports that require complex legal analysis or factual investigation. In such cases, we recommend that you contact the third party directly to resolve the issue. You should consider doing this before notifying us, as it is often more effective in resolving the problem. We will only evaluate trademark infringement claims in cases where identical trademarks are used. After submitting your trademark registration certificate, we will initiate a brief review and take appropriate measures. If further information is needed, we will contact you via email.

Please note that we cannot process infringement claims that require technical examination and legal proceedings; such matters should be addressed by the courts. If a provisional injunction or final judgment is issued in your favor following a court application, you can notify us via email at legal@climateware.com and inform us to take the necessary actions.

If we decide to remove content based on your infringement notification, we will provide the affected party with your report and contact information, and they may contact you directly. The alleged infringer will be notified of your infringement claim, including who made the claim and why, so you must consent to the sharing of your Personal Data. (To access detailed information and to review our Personal Data Protection Policy, please click here.) If you do not consent to us notifying the alleged infringer of the infringement, we will not be able to evaluate your notification.

Counter-Notification Requirements

If your content has been removed due to a trademark notification, you may submit a counter-notification. Climateware will wait for 15 days, and if the trademark owner does not initiate legal action against you within this period, your content will be reinstated. You can submit your counter-notifications via email to legal@climateware.com. A counter-notification must include the following information:

• Your signature, which you can provide electronically by typing your name.
• A clear and complete description of the content you are trying to protect under trademark. Share the trademark registration certificate with us. You may also include the URLs you wish to dispute.
• Your name, postal address, phone number, and email address.

Applicable Law, Jurisdiction, and Venue

Disputes arising from this Agreement shall be governed by the laws of the Republic of Türkiye.

All disputes arising from or related to this Agreement shall be finally resolved by arbitration in accordance with the Istanbul Arbitration Centre Arbitration Rules. The language of arbitration shall be Turkish. The place of arbitration shall be Istanbul. The dispute shall be resolved by a sole arbitrator appointed by the ISTAC Board. The substantive law of Türkiye shall apply to the merits of the dispute.

This Agreement shall remain valid regardless of any conflicting legal provisions.